Originally published Wednesday, June 25, 2008 at 12:00 AM
Guest columnists
U.S. reluctance to sign treaty on disabilities is painful, puzzling
A treaty that takes effect this month could benefit one quarter of humanity: the 650 million people, as well as their families, who live...
Special to The Times
A treaty that takes effect this month could benefit one quarter of humanity: the 650 million people, as well as their families, who live with disabilities. The U.N. International Treaty on the Rights of People with Disabilities is also the first international treaty that guarantees the rights of such people to equality and self-determination.
People with disabilities are the world's largest minority, yet the United Nations reports that only 45 countries have disability-rights laws.
The U.S. has not signed the treaty, either, but it should.
As former officials of two different presidential administrations, one Republican and one Democratic, we strongly believe that this treaty is consistent with American law. Indeed, the U.S. pioneered rights for people with disabilities with the Americans with Disabilities Act in 1990.
Some objectors say disability rights are most appropriately addressed as domestic concerns, given the complexity of issues. But since most countries do not have such protections, international pressure is necessary.
Other objectors have found the text of the treaty lacking in strict, enforceable protections, but wide variation in cultural and economic conditions around the world means core, minimum standards are necessary.
The U.S. would also have more authority to speak about disability discrimination if it has signed and ratified the treaty.
In far too many nations, people with disabilities lack rights to vote, work, marry, own property, sign contracts or retain custody of their children. Ninety percent of children with disabilities in less-developed nations receive no education.
In every nation, people with disabilities are the poorest of the poor. The U.S. is no different: 70 percent of people with disabilities who want to work remain unemployed, despite the fact that such people demonstrate better retention rates than workers without disabilities.
The treaty will change these statistics. Since the U.N. opened the treaty for signatures just over a year ago, 24 nations have ratified it. An additional 103 nations have signed the treaty, signaling intent to ratify it soon and a commitment to refrain from contradicting its purpose.
The treaty enshrines important principles that Americans hold dear: nondiscrimination, equal protection under the law and the right to autonomy and independent living in integrated, community settings.
The U.S. reluctance to sign this treaty has been painful and puzzling to us. The treaty provides important protections, beyond the specific protections of the American law, which level the playing field for people with disabilities. And we should not be so proud as to think we cannot learn from other countries about even better opportunities for people with disabilities.
We know that our society is richer for — and that everyone benefits from — including people with disabilities in schools, housing, workplaces, voting booths, houses of worship, public accommodations and every other sphere of life.
Countries that ratify the treaty agree to set up independent monitoring bodies to track compliance, which would help us identify reforms we need to get more Americans with disabilities into the workplace, and help to dismantle barriers to independent living in integrated and accessible housing.
Ratification would also help the U.S. stop disability discrimination around the world, thus helping us reclaim our role as champions of human rights. It would help the U.S. focus world attention on those whose rights have been ignored far too long.
Richard Thornburgh of counsel at the law firm of K & L Gates, is a former United States attorney general, former governor of Pennsylvania, and former undersecretary general of the United Nations. Paul Steven Miller, the Henry M. Jackson Professor of Law at the University of Washington School of Law, is former commissioner of the U.S. Equal Employment Opportunity Commission and former White House liaison to the disability community.Copyright © 2008 The Seattle Times Company
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